House: Martin

Attorney: McIntosh

Drafting Assistant: Thurmond

Date: January 29, 2026

DOC. ID.: /LEGISLATIVE COUNCIL/CM/DRAFTS/LC-0458CM26/LC-0458CM26.DOCX

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT "RILEY'S ACT" BY AMENDING SECTION 47-1-40, RELATING TO THE ILL-TREATMENT OF ANIMALS, SO AS TO INCREASE THE PENALTIES; BY AMENDING SECTION 47-1-50, RELATING TO THE ILL-TREATMENT OF ANIMALS, SO AS TO REVISE THE PENALTIES; BY AMENDING SECTION 47-1-60, RELATING TO THE UNLAWFUL CUTTING OF MUSCLES OF TAILS OF HORSES, ASSES, MULES, MARES, OR GELDINGS, SO AS TO INCREASE THE PENALTIES; BY AMENDING SECTION 47-1-110, RELATING TO VIOLATIONS OF SECTIONS 47-1-90 AND 47-1-100, SO AS TO INCREASE THE PENALTIES; BY AMENDING SECTION 47-1-125, RELATING TO THE UNLAWFUL COLORING, DYING, OR SALE OF CERTAIN ANIMALS, SO AS TO INCREASE THE PENALTIES; BY AMENDING SECTION 47-1-200, RELATING TO REQUIREMENTS FOR THE TRANSFER OF ANIMALS AND IMPORTATION OR EXPORTATION OF DOGS OR CATS, SO AS TO INCREASE THE PENALTIES; BY AMENDING SECTION 47-1-210, RELATING TO UNLAWFULLY OFFERING LIVE ANIMALS AS PRIZES, SO AS TO INCREASE THE PENALTIES; BY ADDING SECTION 47-1-220 SO AS TO PROVIDE THE STATE LAW ENFORCEMENT DIVISION SHALL POST ON ITS WEBSITE THE NAMES OF PERSONS CONVICTED OF CRUELTY TO ANIMALS CRIMES; and by adding section 47-1-230 so as to provide persons convicted OF MISDEMEANORS CONTAINED IN THIS CHAPTER MAY BE PROHIBITED FROM OWNING or possessing ANIMALS, AND TO PROVIDE PERSONS CONVICTED OF FELONIES CONTAINED IN THIS CHAPTER MUST BE PROHIBITED FROM OWNING or possessing ANIMALS.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  This act may be cited as "Riley's Act."

 

SECTION 2.  Section 47-1-40 of the S.C. Code is amended to read:

 

    Section 47-1-40. (A) A person who knowingly or intentionally overloads, overdrives, overworks, or ill-treats an animal, deprives an animal of necessary sustenance or shelter, inflicts unnecessary pain or suffering upon an animal, or by omission or commission knowingly or intentionally causes these acts to be done, is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding ninety daysof not more than one year or by a fine of not less than onefive hundred dollars nor more than onetwo thousand dollars, or both, for a first offense; or is guilty of a felony and, upon conviction must be by imprisonmentimprisoned not more than exceeding twofive years or by a fine not more than exceeding twofive thousand dollars, or both, for a second or subsequent offense.

    (B) A person who tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon an animal or by omission or commission causes these acts to be done, is guilty of a felony and, upon conviction, must be punished by imprisonment of not less than one hundred eighty daysone year and not to exceed five years and by a fine of fiveten thousand dollars.

    (C) This section does not apply to fowl, accepted animal husbandry practices of farm operations and the training of animals, the practice of veterinary medicine, agricultural practices, forestry and silvaculturalsilviculture practices, wildlife management practices, or activity authorized by Title 50, including an activity authorized by the South Carolina Department of Natural Resources or an exercise designed for training dogs for hunting, if repeated contact with a dog or dogs and another animal does not occur during this training exercise.

 

SECTION 3.  Section 47-1-50 of the S.C. Code is amended to read:

 

    Section 47-1-50. (A) An owner, a possessor, or a person having the charge or custody of an animal may not:

       (1) cruelly drive or work it when unfit for labor;

       (2) carry it, or cause it to be carried, in or upon a vehicle or otherwise in an unnecessarily cruel or inhumane manner.

    (B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished for each offense in the manner prescribed in Section 47-1-40(A).

 

SECTION 4.  Section 47-1-60 of the S.C. Code is amended to read:

 

    Section 47-1-60. Any person who (a) cuts the tissue or muscle of the tail of any horse, ass, mule, mare or gelding, or otherwise operates upon it in any manner for the purpose or with the effect of altering the natural carriage of the tail, except when such cutting or operation is necessary for the health or life of the animal, as certified to in writing by a licensed veterinarian, (b) causes, procures or knowingly permits such cutting or operation to be done or (c) assists in or is voluntarily present at such cutting or operation shall be guilty of a misdemeanor.

    Any person convicted of violating any of the provisions of this section shall be fined not less than fiftyfive hundred dollars nor more than one hundredthousand dollars or imprisoned not less than fifteenthirty days nor more than thirty daysone year.

 

SECTION 5.  Section 47-1-110 of the S.C. Code is amended to read:

 

    Section 47-1-110.  Any company or the owner or custodian of such animals who shall fail to comply with the provisions of Sections 47-1-90 and 47-1-100 shall, for each and every such offense, if found guilty, be fined not less than fifty five hundred nor more than five hundred one thousand dollars, in any court of competent jurisdiction.

 

SECTION 6.  Section 47-1-125 of the S.C. Code is amended to read:

 

    Section 47-1-125.  (1) It is unlawful for any person to dye or color artificially any animal or fowl, including but not limited to rabbits, baby chickens, and ducklings, or to bring any dyed or colored animal or fowl into this State.

    (2) It is unlawful for any person to sell, offer for sale or give away as merchandising premiums, baby chickens, ducklings or other fowl under four weeks of age or rabbits under two months of age to be used as pets, toys or retail premiums.

    (3) This section shall not be construed to apply to any animal or fowl, including but not limited to rabbits, baby chickens and ducklings to be used or raised for agricultural purposes by persons with proper facilities to care for them or for poultry or livestock exhibitions.

    (4) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than twofive hundred dollars or imprisoned for not more than thirty daysone year.

 

SECTION 7.  Section 47-1-200 of the S.C. Code is amended to read:

 

    Section 47-1-200.  (A) During transportation, an animal must not be confined in one area for more than twenty-four consecutive hours without being adequately exercised, rested, fed, and watered. The time may be extended reasonably when an act of God causes a delay. The animal must be provided adequate space and ventilation.

    (B) A dog or cat under eight weeks of age must not be imported or exported without being accompanied by its dam.

    (C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twofive hundred nor more than five hundred one thousand dollars or imprisoned for not more than thirty daysone year, or both.

 

SECTION 8.  Section 47-1-210 of the S.C. Code is amended to read:

 

    Section 47-1-210.  (A) It is unlawful to give away a live animal including, but not limited to, a fish, bird, fowl, or reptile, as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement, or for these species to be used as an incentive to enter into any business agreement if the offer made was for the purpose of attracting trade.

    (B) Nothing in this section may be construed to prohibit an auction or raffle of a live animal including, but not limited to, a fish, bird, fowl, or reptile. Further, the giving away or the testing of game or fowl for breeding purposes only is lawful and is not prohibited by this section as an incentive to enter into a business agreement if the person giving away or testing game or fowl is engaged in that trade.

    (C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished for each separate offense by a fine not to exceed three five hundred dollars or imprisonment not to exceed thirty daysone year, or both.

    (D) This section does not apply when a live animal is given away as follows:

       (1) by individuals or organizations operating in conjunction with a cooperative extension education program or agricultural vocational program sanctioned by the State Department of Education or local school districts;

       (2) by individuals or organizations operating in conjunction with field trials approved by the Department of Natural Resources; or

       (3) by kennels that advertise in national publications in regard to dogs that are registered with the United Kennel Club or the American Kennel Club.

 

SECTION 9.  Chapter 1, Title 47 of the S.C. Code is amended by adding:

 

    Section 47-1-220.  The State Law Enforcement Division shall post on its website in a searchable format the names of persons who have been convicted of a violation of this chapter.

 

SECTION 10. Chapter 1, Title 47 of the S.C. Code is amended by adding:

 

    Section 47-1-230.  (A) A person who is convicted or pleads guilty or nolo contendere to a misdemeanor offense contained in this chapter may be prohibited by the court from owning, possessing, keeping, harboring, or having custody or control of any animal.

    (B) A person who is convicted or pleads guilty or nolo contendere to a felony offense contained in this chapter must be prohibited by the court from owning, possessing, keeping, harboring, or having custody or control of any animal.

 

SECTION 11. This act takes effect upon approval by the Governor.

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